BVA9509624
DOCKET NO. 93-01 574 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Detroit,
Michigan
THE ISSUE
Service connection for an acquired psychiatric disorder.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
ATTORNEY FOR THE BOARD
Carolyn Wiggins, Associate Counsel
INTRODUCTION
The veteran served on active duty from June 1960 until May
1962.
This appeal arises from a April 1992 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Detroit, Michigan which denied service connection for an
acquired psychiatric disorder. The case was remanded by the
Board in July 1993 for further development. Some of the
development was completed and the case was returned to the
Board for further consideration.
In December 1992, the veteran requested a hearing in
connection with his appeal. In August 1993 the RO advised
him by letter to the correct address that the hearing he had
requested would be held on October 22, 1993. In October
1993, he was sent a reminder notice to report for the hearing
at an incorrect address. In view of this, the Board contacted
him by letter dated February 2, 1995 concerning his desires
for an appellate hearing. There was no response to the
letter. We will now proceed with a decision in the appeal.
CONTENTIONS OF APPELLANT ON APPEAL
The appellant contends that service connection should be
established for an acquired psychiatric disorder in that such
disability had its origins during his period of active
service.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran's claims file.
Based on its review of the relevant evidence in this matter,
and for the following reasons and bases, it is the decision
of the Board that the preponderance of the evidence is
against the claim for service connection for an acquired
psychiatric disorder.
FINDING OF FACT
An acquired psychiatric disorder was not shown during service
and a psychosis was not manifested during the initial post
service year.
CONCLUSION OF LAW
An acquired psychiatric disorder was not incurred in or
aggravated by active military service and a psychosis may not
be presumed to have been incurred in service. 38 U.S.C.A.
§§ 1101, 1110, 1112, 1113, 1131, 1137, 5107 (West 1991); 38
C.F.R. §§ 3.307, 3.309 (1994).
REASONS AND BASES FOR FINDING AND CONCLUSION
The veteran's claim is "well grounded" within the meaning of
38 U.S.C.A. § 5107(a) (West 1991). He has presented a claim
which is plausible. The Board is satisfied that all relevant
facts have been properly developed. No further assistance to
the veteran is required in order to comply with the duty to
assist him mandated by 38 U.S.C.A. § 5107(a) (West 1991).
This case was remanded to the RO in July 1993 to obtain any
additional service medical records, as detailed in the remand
order. The RO sent a request to the National Personnel
Records Center (NPRC) to obtain those records. The request
was returned to the RO with the notation that a search for
the specified records was negative. The RO has complied with
the remand in this regard. No further assistance to the
veteran is required in order to comply with the duty to
assist him mandated by 38 U.S.C.A. § 5107(a) (West 1991).
To establish service connection for a claimed disability, the
facts as shown by evidence must demonstrate that a particular
disease or injury resulting in current disability was
incurred during active service or, if preexisting active
service, was aggravated therein. 38 U.S.C.A. § 1110, 1131
(West 1991).
Service connection may also be granted on a presumptive basis
for certain chronic disabilities, including psychoses, when
they are manifested to a compensable degree within the
initial post service year. 38 U.S.C.A. § 1101, 1112, 1113,
1137 (West 1991); 38 C.F.R. 3.307, 3.309 (1994).
It is appropriate to note at this point that in the July 1993
remand we also told the RO to make a determination as to
whether new and material evidence had been submitted to
reopen a claim of service connection for an acquired
psychiatric disorder. There is a rating action in June 1982
which denied service connection for a psychiatric disorder.
The veteran was notified of the determination in July 1982,
but did not file a timely notice of disagreement with it.
Apparently, in view of the fact that no additional evidence
was received in response to the Remand, the RO did not
readjudicate the issue as directed by the Board.
As such, the RO's current denial of service connection for an
acquired psychiatric disorder is based on a de novo review of
the record. In reviewing the record at this time, the Board
has noted that the denial of service connection for an
acquired psychiatric disorder in June 1982 was predicated on
the fact that such a disorder was not shown to exist. The
veteran's alcoholism and substance abuse was noted to
constitute willful misconduct. Evidence received since June
1982 shows that an acquired psychiatric disorder is currently
present. This evidence is arguably new and material
evidence. As such, the Board will also review the record on
a de novo basis.
On service entrance examination in June 1960 a psychiatric
evaluation was noted as normal. Service medical records in
March 1962 reveal that the veteran requested a reappointment
with a psychiatrist. In April 1962 there was a notation that
some counseling had been done. Three days later there was a
report of the diagnosis of passive aggressive reaction from
the NP clinic. On separation examination in April 1962 the
psychiatric evaluation was again noted as normal.
Private medical records from July through August 1972 show
treatment for a kidney disease. A private hospital summary
from November and December 1975 records treatment for
injuries incurred in an automobile accident.
VA records in April and May 1977 reveal that the veteran
sought treatment for substance abuse. The records note that
he was attending a substance abuse group. There are
notations in the records of antisocial behavior,
hallucinations, feelings of worthlessness, and difficulty
sleeping. He asked to be admitted. He said he had not had
any prior admissions for a neuropsychiatric disorder. In
July 1977 VA records note that he had been referred by the
Mental Health Clinic to several groups and had failed to
follow up.
In April 1982 a VA hospital summary notes the veteran was
admitted for alcoholism and substance abuse. There was no
diagnosis of an acquired psychiatric disorder. A March 1989
VA hospital summary notes that the veteran was admitted for
treatment of chronic depression without psychotic features
and substance abuse.
Private medical records from 1987 through 1991 show treatment
for various disorders, including headaches. There was no
reference, diagnostically, to a psychiatric disorder.
The only evidence in the claims folder involving a
psychiatric disorder in service is a notation of a passive
aggressive reaction. A passive-aggressive reaction is a
personality disorder. 38 C.F.R. § 4.125 (1994), Diagnostic
and Statistical Manual of Mental Disorders, Third Edition
Revised (DSM III), Section 301.84, American Psychiatric
Association. On service separation no psychiatric disorder
is noted. The first actual clinical diagnosis of an acquired
psychiatric disorder is in 1989. A personality disorder is
not a disease or injury for which compensation benefits may
be provided. 38 C.F.R. § 3.303(c) (1994). In the absence of
any evidence of an acquired psychiatric disorder until many
years after service, service connection for an acquired
psychiatric disorder is not warranted.
ORDER
Service connection for an acquired psychiatric disorder is
denied.
BRUCE E. HYMAN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on appeal
is appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the agency
of original jurisdiction on or after November 18, 1988.
Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402
(1988). The date which appears on the face of this decision
constitutes the date of mailing and the copy of this decision
which you have received is your notice of the action taken on
your appeal by the Board of Veterans' Appeals.